Study On Mixed Subject Joint Corruption

China’s criminal law legislation embezzlement of more perfect, from1951’s "People’s Republic of China to fight corruption regulations " to the1979Criminal Law,Criminal Law until1997, a more detailed legislative provisions relating to the crimeof corruption. Applicable laws relating to the crime of corruption is rich judicialinterpretation. Overall build a tight fight corruption crime law. However, the problemmust be concerned about the problem of mixing the main qualitative corruption is acommon problem of crime legislation and judicial corruption, especially in the PenalCode section382, paragraph3, of "collusion with the officers listed in the precedingtwo paragraphs, together with corruption is the accomplice "normative fuzziness. Andthe Supreme Court " on the trial of corruption cases job occupation explain how toidentify several issues of common crime," the provisions of Article3:"Thecompany, enterprise or other units, does not have the status of national staff whocolluded with the national staff, were using their positions to facilitate joint propertyof the unit will be illegal for himself there, in accordance with the principal of thecriminal nature of the conviction." is a common corruption of the mixed qualitativeand difficult subject more prominent. For example, it makes the relationship morecomplex identity and complicity.Based on the crime of corruption against the visit of legal interests, particularlyby drawing outside embezzlement analysis and comparison of legislation and judicialpractice that should be legal interests classification is based primarily on a commoncorruption qualitative, appropriate expansion of embezzlement committing the mainrange, a better solution mixed body of existing legislation and judicial practice on theplight of the common problem of corruption and qualitative. Article mixed qualitativecorruption as the main common perspective, more comprehensive analysis of theCriminal Code provisions relating to co-corruption body, also pointed out that asolution to the existing problems of embezzlement of some countermeasures andsuggestions. The first chapter is to provide the characteristics of the crime of corruption andcommon crime. Paper describes in detail the relevant provisions of the crime ofembezzlement and corruption common type of crime accomplice, analyzes thecharacteristics of embezzlement accomplice, noting the special nature of theperformance of the main crime of embezzlement was mixed, with the complicity ofthe relationship is more complex identity and "together corruption, an accomplice of"normative meaning to be clarified. Mixed paper highlighted the main common typesof complex crime of corruption.The second chapter is a mixed body of common corruption qualitative viewpointComment. This chapter introduces the main domestic mixed together on the issue ofcorruption and crime in several qualitative point of view, and in-depth analysis of areasonable place among these ideas and problems, pointing out the relevanttheoretical perspectives and does not provide a mixed body of qualitative commoncorruption is more reasonable interpretation principles.The third chapter is given extraterritorial criminal legislation jointly corruptioncases investigated and theoretical perspectives. This paper introduces Germany, Japanand Taiwan for dealing with corruption and crime mixed together according to subjectand doctrine, and for its analysis and evaluation, on this basis, summarizes thecommon corruption crimes extraterritorial qualitative characteristics, thatclassification is based legal interests determine the nature of the crime andembezzlement joint body with the expansion of the scope of the trend, thesecharacteristics and trends is definitely worth our reference.The fourth chapter is a crime of corruption of common qualitative reflectionsand suggestions. Paper reviews the main mix for our common corruption crimesqualitative ideas, reflection embezzlement accomplice processing problems,qualitative corruption should be presented together as embezzlement of publicproperty against the object to committing corruption as a common culprit, appropriateexpansion of the main crime of corruption range.By comparison and analysis, this paper reviews the relevant provisions of thepreliminary mixing together the main corruption crime legislation, from the theoretical level to explore and solve difficult problems common crime ofembezzlement scheme. But the author’s point of view needs to be further view oftheory and practice.